Legal Question in Medical Malpractice in Maine

Re: who can file a malpritice suit

Thank you for your inquiry, however, I don't understand your question. If your question is "Can a medical malpractice case be filed on behalf of of the injured party by a sibling or a child ?" the answer to both parts of this question is generally "no". However, if the injured person is alive and unable to make or communicate their own decisions, or if they are deceased, then court authority may be obtained by an adult (either a sibling or a child of the injured party). Then they would have the ability to pursue the case on behalf of the injured party. The law imposes a 3 year deadline in medical malpractice cases, and a 2 year deadline in wrongful death cases, whichever is shorter. The time period begins on the date of injury. If suit is not filed within the allowed period, then you are prohibited from ever filing it, except under limited conditions. I hope that helps. Please let me know if I may be of any further assistance.